By now the question of ‘may I sell my borehole water / river water / spring water or give it away for free, after all, it runs into the sea…?’ has come up many, many times. While most at least agree that the selling of water is illegal without a license, many still maintain that giving water away for free (and charging a generous fee for transport) is OK. But is it?

To find the answer – let us dissect the National Water Act of 1998. This is the guru on anything water related in SA.

WHAT DOES THE ACT SAY ON THE USE OF WATER?

In Part 1 the Act states: “In general a water use must be licensed unless it is [1.] listed in Schedule I, [2.] is an existing lawful use, [3.] is permissible under a general authorisation, or [4.] if a responsible authority waives the need for a licence.